Opinion 2097

The inquirer wrote the committee and stated the purpose of this letter is to ask for an opinion from the Committee with regard to how far back in time a lawyer must look to determine whether there is a conflict of interest in representing a current client, to determine if the firm has previously represented a client which may be adverse to that current client.

The inquiring law firm was founded in 1996. It handles approximately 500 matters per year. It is converting to a new conflicts checking software and the inquiry essentially asks how many of its former clients should be transferred from its existing conflicts system to the new one.

The facts presented in this inquiry appear to be similar to those of Informal Opinion 1663. The Committee discussed the inquiry regarding how far back in time a lawyer must look to determine whether there is a conflict of interest. The Committee has determined that under RPC 1.9, once an attorney has a conflict that conflict continues indefinitely. Under RPC 1.10, it is necessary for a firm to check for conflicts as far back as each of its attorneys have been in practice. Subject to the limitations in 1.10(c), after an attorney who has a conflict of interest has left a firm, that firm may then represent a person with interests materially adverse to those of the formerly associated attorney. See also Rule for Enforcement of Lawyer Conduct 1.4 (No statute of limitations).

Advisory Opinions are provided for the education of the Bar and reflect the opinion of the Committee on Professional Ethics (CPE) or its predecessors. Advisory Opinions are provided pursuant to the authorization granted by the Board of Governors, but are not individually approved by the Board and do not reflect the official position of the Bar association. Laws other than the Washington State Rules of Professional Conduct may apply to the inquiry. The Committee's answer does not include or opine about any other applicable law other than the meaning of the Rules of Professional Conduct.